I just got through watching the closing arguments in the Hulk Hogan vs Gawker trial. I like Hogan’s chances going into this, but I would put it at 60% to 40% in his favor. It could easily go Gawker’s way, but I’m banking on some of the more controversial aspects of their business costing them in the end. Their attorney’s closing argument also seemed to suck in comparison with his pretty excellent trial run. Still, this is all just guesswork and the jury will have the last word. I hope some of them do interviews afterwards as well, since I’m eager to hear what was going through their minds during the trial.
Keep in mind that Gawker and Nick Denton will appeal any negative verdict. There’s a decent chance whatever is awarded, if it comes to that, will either get reduced or vacated by this process. I don’t care since it’s more about sending a message, at this point. I don’t want to see the appeals court get involved, but even if they do, the result of a big jury award will still likely scare off future companies who take the Gawker position that sex tape publication qualifies as journalism.
Anyway, since the jury already has the trial, there isn’t much point in linking the stream today. Instead, I will just give you the usual Twitter rundown. I might also add some articles later on, and I will also publish a list from all the other posts on the site concerning this trial.
Here we go…
No rebuttal from Hogan. "I'm not sure there's anything to rebut," Hogan attorney David Houston said earlier this week #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710815045123497984
https://twitter.com/SmithsH8sTweets/status/710816962062974977
Judge now defining terms like "severe emotional distress" & "extreme and outrageous conduct" for jury #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/TamaraLush/status/710817785115484160
In closing argument, Hogan attny Ken Turkel refers to Gawker staffers as "a bunch of kids" who mocked Hogan in private chat #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710822108654338048
Turkel repeatedly emphasizes that no one at Gawker ever called Hogan for comment. #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Turkel: Gawker is indecent, "and they're proud of it" #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
https://twitter.com/TamaraLush/status/710823186615705600
Turkel acknowledges that it's hard for Hogan to explain the difference between character and man. "It would be hard for anyone" #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
"Hulk Hogan, he wears the yellow bandana." But Terry Bollea "wears it because he’s self-conscious about the size of his head. " #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/mariabustillos/status/710824525932457984
(^^^Gawker contributor)
"He's so proud of being the guy who ruins lives," Turkel says of Nick Denton, Gawker founder #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Hogan attorney Ken Turkel goes on a long spiel about this 2009 quote from Nick Denton #hulkvsgawk pic.twitter.com/XR4JYeRSg8
— Tom Kludt (@TomKludt) March 18, 2016
Turkel is making Denton his focus. Says Denton believes "society somehow has changed and nobody has privacy” #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710826073743859712
Gawker chief editor Nick Denton in St. Pete watching Hulk Hogan's lawyer giving closing arguments in #hulkvsgawk. pic.twitter.com/b8mFuSJWYQ
— Adam Z. Winer + (@adamzwiner) March 18, 2016
Highlighting this 2013 quote from Nick Denton, an incredulous Ken Turkel asks, "Who thinks like that?" #hulkvsgawk pic.twitter.com/SEd76EGBfV
— Tom Kludt (@TomKludt) March 18, 2016
Jurors are being read damaging excerpts of Denton's interviews w/ WaPo, Hollywood Reporter, Playboy #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Hogan attorney on Nick Denton: "This guy’s up in New York sitting behind a computer playing God with other people’s lives.” #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/TamaraLush/status/710827167630946304
Turkel again plays the NYC card, says we aren't all "voyeurs and deviants": "They may be up there on Fifth Avenue at Gawker.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
https://twitter.com/mariabustillos/status/710828395366653952
Turkel on Gawker: “They’re proud of this idea that they don’t adhere to the rules bc it draws traffic and it makes money" #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Hogan attorney Ken Turkel laughingly recalls Denton's description of Daulerio as a "leader of men." #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Hogan attorney resurrects Daulerio's comment on sex tapes' newsworthiness and that he'd draw the line at kids under 4 #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Jurors being shown excerpts of Daulerio's testimony in which he acknowledged Hogan's penis wasn't newsworthy. #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Turkel turns toward Denton and Daulerio: “What’s disturbing about Gawker is not what they do…it’s that they’re proud of it." #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Hogan attorney Ken Turkel devotes much of his closing argument to using Denton and Daulerio's words as an albatross #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710836609969745920
#HulkvsGawk reminds jury @HulkHogan cried on Kathy Lee Gifford's shoulder backstage when he found out about release of sex tape @WFLA
— Jeff Patterson (@WFLAJeff) March 18, 2016
Hogan lawyer tells jurors to look at Hogan's face. Isn't the type to cry on the stand, but has suffered emotional distress #hulkvsgawk
— Kristen Mitchell (@Kristenreports) March 18, 2016
Hogan attorney closes by showing a jury questionnaire w all Hogan's claims listed. Each has a bright red check mark for "yes". #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/mariabustillos/status/710837538420891648
https://twitter.com/achryssovergis/status/710838281383124993
In this phase of trial, Hogan is asking for $50,378,342 in compensatory damages from Gawker. Punitive damages could follow #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
"At the core of this is nothing more than Gawker took private moment, a bedroom tape, and put it on the internet for profit" #HulkvsGawk
— adland ® (@adland) March 18, 2016
Hogan attorney Ken Turkel closes by urging jury: “Let’s get to the punitive stage, and let’s get some justice done.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Really enjoying the flood of "Who pays for porn?" Twitter commentary following that tweet. I'm sure that'll be Gawker's defense. #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
#HulkvsGawk Gawker attorney points out a lot of video has now been seen, but Bollea team never played the sex tape during trial @WFLA
— Jeff Patterson (@WFLAJeff) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710845715455614977
"He has avoided showing you the one piece of evidence that is critical to his case" Sullivan says. Asks jurors to watch it. #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Sullivan says the video Gawker posted showed only 9 seconds of sex #hulkvsgawk
— Kristen Mitchell (@Kristenreports) March 18, 2016
Gawker attorney Sullivan: "TMZ is the place a celebrity goes to get even more attention for a sex tape.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Michael Sullivan saying that Hogan's character/real man argument is absurd: "The fact is, the rest of us can’t tell them apart.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Gawker attorney: "In truth, it seems at times he can’t remember when he’s Terry or Hulk.” #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Sullivan warns if Hogan wins, "celebrities will use our courts to punish people for saying things that they frankly do not like" #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/TamaraLush/status/710852518113353728
Sullivan: Journalists shouldn't have to worry about whether "public figures are going to be happy about how they’re portrayed” #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
#hulkvsgawk – Hogan's atty interrupts Gawker's atty, Sullivan, during his closing, asks to approach. Sullivan did not look happy.
— Cathy Russon (@cathyrusson) March 18, 2016
Sullivan: "What does Mr. Bollea do? Get an injunction? No sir. What he does is he goes on a national media tour." #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Sullivan suggests Hogan wasn't really upset about the video going public. He was upset his best friend had covertly filmed him. #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Sullivan: "He says he was upset about that Gawker post, and yet chose to appear in a T-back on a wrecking ball." #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Sullivan: “He has a very different baseline for privacy than you or me, and that needs to be taken into account” #hulkvsgawk
— Kristen Mitchell (@Kristenreports) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710857150231408640
https://twitter.com/achryssovergis/status/710857807810134016
Sullivan: "Asks yourselves, is this just another antic between two best friends?" Implies Hogan knew he was being filmed #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Sullivan says only two ppl know whether it was all a publicity stunt: Hogan and Bubba. "But you will not hear from Bubba.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Listening to Gawkers lawyer closing statement. Seems very desperate, trying really hard to put doubt in the jury minds. #hulkvsgawk
— Livid (@myloserville) March 18, 2016
#hulkvsgawk – I still say that Hogan didn't know he was being filmed and/or millions would see it. He would have played the part …..better
— Cathy Russon (@cathyrusson) March 18, 2016
https://twitter.com/mariabustillos/status/710860201243627520
https://twitter.com/achryssovergis/status/710860449122754560
https://twitter.com/TamaraLush/status/710860781559144448
Gawker "might not be your cup of tea" Sullivan tells jury. But it'd been around for 10yrs. Didn't need Hogan video to survive. #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
#hulkvsgawk ………………..This defense lawyer is passive aggressive behaviour at it's peak
— Adele🍁🍂🇨🇦💉💉 (@adeleatplay) March 18, 2016
https://twitter.com/SmithsH8sTweets/status/710865333834350592
https://twitter.com/achryssovergis/status/710866060271095809
https://twitter.com/SmithsH8sTweets/status/710866424357638145
https://twitter.com/achryssovergis/status/710866670169038849
Hogan attorney: "Why didn’t the guy protecting the First Amendment play the video they’re so proud of in court?" #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
https://twitter.com/TamaraLush/status/710867822088462337
https://twitter.com/achryssovergis/status/710868179602558976
https://twitter.com/TamaraLush/status/710868678066233344
In final rebuttal, Hogan attorney Ken Turkel tells jurors it isn't a "civics lesson," but bout balancing right to privacy/speech #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
And with that, 18 days after they were first summoned to the St.Pete courthouse, the nine jurors have been sent to deliberate #hulkvsgawk
— Tom Kludt (@TomKludt) March 18, 2016
Judge warns jurors not to talk abt the case outside of jury room, or visit the scene of the event, not that they'd want to #hulkvsgawk
— Anna Phillips (@annamphillips) March 18, 2016
Gawker's post-trial statement sounds like they're braced for a loss #hulkvsgawk pic.twitter.com/ZphIicD81C
— Tom Kludt (@TomKludt) March 18, 2016
Hogan attorney Kenneth Turkel used his closing argument to paint the defendants — Gawker Media founder Nick Denton, former Gawker.com editor A.J. Daulerio and the parent company — as indecent gossip-mongers who make a mockery of journalism.
Turkel told the jury that Daulerio “didn’t have the common decency” to reach out to any of the parties involved before he posted the video excerpts and the commentary, which “probably tells you all you need to know about Gawker.”
Delivering his own closing argument, Gawker attorney Michael Sullivan articulated the company’s free speech argument that’s been the bedrock of the defense’s case. The First Amendment, he told jurors, also protects unpopular speech.
And here’s a list of entries for each day of the trial from my own site…
HOGAN vs GAWKER LIVE: Hulk Testifying Now!
HOGAN vs GAWKER DAY 2: Hogan’s Cross-Examination Continues
HOGAN vs GAWKER DAY 3 RECAP: Testimony Continues in the Blockbuster Trial
HOGAN vs GAWKER DAY 4: LIVE THREAD
HOGAN vs GAWKER DAY 5: Live Thread
HOGAN vs GAWKER DAY 6: Full Recap of All the Day’s Events
HOGAN vs GAWKER DAY 7: Live Recap Thread
HOGAN vs GAWKER Day 8: Live Recap Thread
HOGAN vs GAWKER Day 9: Full Recap of All the Day’s Events
Praying HH
— Hulk Hogan (@HulkHogan) March 18, 2016
DOCUMENTS UNSEALED:
We have received the unsealed documents in #hulkvsgawk. Journalists here in the courthouse rifling through hundreds of pages…
— Tom Kludt (@TomKludt) March 18, 2016
This particular portion seems, um, quite significant…#hulkvsgawk pic.twitter.com/kcDpfU6ZTU
— Tom Kludt (@TomKludt) March 18, 2016
Gawker argued in motion (just unsealed by appeals court) that Hogan only sued b/c he was worried about racial slurs getting out. #hulkvsgawk
— Peter Sterne (@petersterne) March 18, 2016
https://twitter.com/mariabustillos/status/710943430533386240
https://twitter.com/carriecummings/status/710952658287378433
